Student Records/Release of Information on Students: JRA-JRC-R

1. Content and Custody of Records

Student education records may contain, but will not necessarily be limited to, the following information: identifying data; academic work completed; level of achievement (grades, standardized achievement test scores); attendance data; scores on standardized intelligence, aptitude and psychological tests; interest inventory results; health data; family background information; teacher or counselor ratings and observations, and reports of serious or recurrent behavior patterns. All entries must be in black ink that can be copied.

All requests for inspection and review of education records and requests for copies of such records, as well as disclosure of personally identifiable information except as provided by law, shall be maintained as a part of each individual's record. (Such request/information records shall be made available to the parent or eligible student upon request in accordance with the following requirements.) An access record shall be maintained on each educational record.

The principal shall be the official custodian of the records of students in his building. The Executive Director of Student Services shall be the official custodian of the Student Services records for handicapped and non-handicapped students.

2. Access to Records

A parent or guardian shall be able to inspect and review the student's education files. . However, a student who is 18 years old or older may inspect his or her own records. The student’s written permission shall be necessary in order for the student’s parent(s) or guardian(s) to inspect the records unless the student is a dependent of his or her parent(s) or guardian(s) as defined for tax purposes under the Internal Revenue Code.

The appropriate administrator shall provide such personnel as is necessary to give explanations and interpretations of the student records when requested by parents or the eligible student.

In all cases where access to student records is requested, except as provided in this policy, a written request to see the files must be made by the parent or eligible student. The administrator upon receipt of the written request, shall provide access to inspect and review the records and set a date and time for such inspection and review. The date to review the records will be set in a timely fashion after the request has been made.

The parent or eligible student shall examine the student's records in the presence of the principal and/or other certificated person(s) so designated.

The record itself shall not be taken from the school building. However, upon request one copy of the record shall be provided within a reasonable time to the parent or eligible student at a cost of $.10 per page. (NOTE: This may not exceed $1.25 per page)

3. Request to Amend Education Records

Parents or eligible students who believe that information contained in the education records of a student is inaccurate or misleading or violates the privacy or other rights of the student may request that the district amend the records. Parents may make such requests of the building principal or Executive Director of Student Services, or by a formal hearing if the request has been denied. The request to amend a student's records must be made in writing within 10 school days of the date the records were first examined.

If the administrator denies the request to amend, the parent may make a written appeal to the superintendent. This appeal must be answered within 10 school days by the superintendent in writing.

If the first two steps have not resulted in a record change then the parent or eligible student may request a formal hearing. A request for a formal hearing must be made in writing and addressed to the superintendent of schools. The hearing will be held in accordance with the following:

• a. The hearing will be held within a reasonable amount of time after receipt of the request. Notice of the date, place and time of the hearing will be forwarded to the parent or eligible student by certified mail.
• b. The hearing will be conducted by the Superintendent or his designee. The official conducting the hearing shall not have a direct interest in the outcome of the hearing.
• c. Parents or the eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of their choice at their own expense, including an attorney.
• d. The official designated above shall make his decision to the parent or eligible student in writing within a reasonable time following the conclusion of the hearing.
• e. The decision of the official shall be based upon the evidence presented at the hearing and shall include a summary of the evidence and the reason for the decision.
• f. The decision shall include a statement informing the parents or eligible student of their right to place in the student records a statement commenting upon the information in the records and/or setting forth any reason for disagreement. Any explanation placed in the records shall be maintained by the school district. If the student record is disclosed by the school to any other party, the explanation also shall be disclosed to that party.

4. Disclosure Without Written Consent

The school district will disclose personally identifiable information from student records without written consent of the parent or eligible student only to:

• a. Other school officials within the school system who have legitimate educational interest in it. For the purposes of this policy, "legitimate educational interest" is interpreted as meaning the interest of any certificated or classified employee charged with the responsibility for providing education programs and/or services to the individual student.
• b. Officials of another school or school system in which the student seeks or intends to enroll. A record card will be maintained on the student that includes personal data, dates of attendance and the school where records were sent. This card shall remain on file as a permanent record of the child's attendance at that school.
• c. Authorities named in the Family Educational Rights and Privacy Act and accompanying federal regulations. These include: comptroller general of the United States, secretary of education, director of NIE, assistant secretary of education, state educational authorities, and authorities investigating or providing emergency service involving the health and safety of students.
• d. State and local officials who are required to get specific information pursuant to state law enacted prior to November 19, 1974.
• e. Anyone offering financial aid to students.
• f. Accrediting institutions.
• g. Testing and research organizations as long as confidentiality is maintained and such organizations are required to destroy records after they no longer are needed.
• h. Anyone if required by a court order or subpoena. The school shall inform the parent or eligible student prior to complying with the subpoena or court order.

The school district may disclose group scholastic achievement data from which the individual cannot be identified without written consent of the parent or eligible student.

5. Disclosure to Military Recruiting Officers

Names, addresses and home telephone numbers of secondary school students shall be released to military recruiting officers unless a student submits a written request that such information not be released. Actual expenses in furnishing this information shall be paid by the requesting service.

6. Disclosure to Other Parties

The school shall not disclose student records to other individuals or parties without prior written consent of the parent or eligible student.

7. Disclosure of Directory Information

The school district may disclose directory information without written consent of the parent or eligible student. The parent or eligible student has the right to refuse to permit the designation of any or all of the categories of information provided such refusal is received in writing in the office of the principal of the school where the student is in attendance.

Directory information which may be released may include the student's name, date and place of birth, major field of study participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent and previous education agency or institution attended by the student, and other similar information. Student telephone numbers and addresses will not be disclosed pursuant to this section.

8. Annual Notification of Rights

The school district at the beginning of each academic year will notify the parents or eligible students of their rights pursuant to this policy. Copies of this policy or forms may be obtained from the office of the Executive Director of Student Services any time during normal business hours. Complaints regarding violations of rights accorded parents and eligible students pursuant to the Family Rights and Privacy Act may be submitted to the local Office for Civil Rights of the Department of Education.

9. Waivers

A parent or eligible student may waive any or all of his rights protected by this policy. Waiver shall not be valid unless in writing and signed by the parent or eligible student. The district does not require a waiver but may request a waiver. Any waiver under this provision may be revoked at any time in writing.

Adopted March 24, 1978

Revised October 26, 1993

Revised June 25, 1996

Revised February 11, 2014

 

LEGAL REFS.: 20 U.S.C. 1232g (Family Educational Rights and Privacy 

  Act of 1974)

34 C.F.R. 99.1 et seq. (regulations)

C.R.S. 24-72-204